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06 July 2012

GENERAL REGISTRATION OF VOTERS IN ARMM ON JULY 9-18, 2012

BACKGROUNDER

Sec. 7 of RA 8189 (The Voter’s Registration Act of 1996), annulled
by operation of law, the book of voters for the entire nation that paved the
way for the conduct of a nationwide General Registration of Voters. For
purposes of the May 1998 elections, the Commission Election undertook in 1997 a
general registration of voters on specified dates as prescribed by RA 8189. Since
then, the government adopted a system of continuing registration of voters
where qualified voters may file their application for registration in the
office of the Election Officer at anytime during regular office hours except
during the period starting 120 before a regular election and 90 days before a
special election.

Meanwhile, in 2003, by virtue of the petitions to annul the book of
voters in the ARMM filed by Election Officers, the COMELEC annulled the book of
voters in the region. Subsequently, general registration of voters was
conducted using the Voter Registration Machine (VRM) to capture the biometrics
(picture, fingerprint and signature) of voters.

Recently, in May 2012, Congressional Joint Resolution No. 17 annulled
once again the book of voters of the municipalities/cities in ARMM and directed
the COMELEC to immediately conduct a new general registration of voters in the
region. Pursuant to this, the COMELEC scheduled the registration on July 9
to 18, 2012, inclusive of Sunday and holidays, from 8:00 a.m. up to 5:00 p.m.

PRELIMINARIES
ON REGISTRATION OF VOTERS

What is registration?

Registration refers to the act of accomplishing and filing a sworn
application for registration by a qualified voter before the election officer
of the city or municipality wherein he resides and including the same in the
book of registered voters upon approval by the Election Registration Board.

Why must a person register first before exercising the
right to vote?

üRegistration is a means to
determine who are qualified to exercise the right to vote.

üIt regulates the exercise of
the right to vote.

What are the
requirements in order to register as a voter?

üCitizen of the Philippines, not otherwise disqualified by law;

üAt least 18 years of
age;

üResident of the Philippines for at least 1 year; and

üResident of the city or
municipality wherein he proposes to vote for at least 6 months
immediately preceding the election.

Any person who, on the day of registration may not have reached the
required age or period of residence but, who, on the day of the election shall
possess such qualifications, may register as a voter.

Who are disqualified from registering?

üAny person who has been sentenced
by final judgment to suffer imprisonment for not less than 1 year, such
disability not having been removed by plenary pardon or granted amnesty. Such
person shall automatically reacquire the right to vote upon expiration of 5
years after service of sentence.

üAny person who has been adjudged
by final judgment by competent court or tribunal of having committed any crime
involving disloyalty to the duly constituted government such as rebellion,
sedition, violation of the firearms law, or any crime against national
security, unless restored to his full civil and political rights. Such person
shall regain his right to vote automatically upon expiration of 5 years after
service of sentence.

üInsane or incompetent
persons as declared by competent authority unless
subsequently declared by proper authority that such person is no longer insane
or incompetent.

When should registration of voters take place?

üThe personal filing of
application of registration of voters shall be conducted daily in the office of
the Election Officer during regular office hours. [System of Continuing
Registration of Voters]

üNo registration shall be
conducted during the period starting 120 days before a regular election and 90
days before a special election.

How does one register as a voter?

To register, the qualified voter shall personally accomplish an
application form for registration as prescribed by the Commission in three (3)
copies. The application shall contain the following data:

a) Name, surname, middle name, and/or maternal surname;

b) Sex;

c) Date, and place of birth;

d) Citizenship;

e) Civil status, if married, name of spouse;

f) Profession, occupation or work;

g) Periods of residence in the Philippines and in the place of
registration;

h) Exact address with the name of the street and house number for
location in the precinct maps maintained by the local office of the Commission,
or in case there is none, a brief description of his residence, sitio, and
barangay;

i) A statement that the applicant possesses all the qualifications
of a voter;

j) A statement that the applicant is not a registered voter of any
precinct; and

k) Such information or data as may be required by the Commission.

The application for registration shall contain 3 specimen signatures
of the applicant, clear and legible rolled prints of his left and right
thumbprints, with 4 identification size copies of his latest photograph, attached
thereto, to be taken at the expense of the Commission.

Before the applicant accomplishes his application for registration,
the Election Officer shall inform him of the qualifications and
disqualifications prescribed by law for a voter, and thereafter, see to it that
the accomplished application contains all the data therein required and that
the applicant’s specimen signatures, fingerprints, and photographs are properly
affixed in all copies of the voter’s application.

ELECTION
OFFENSES ON REGISTRATION OF VOTERS

I. Those
committed on the day of registration

A.Threats, intimidation, terrorism, use of fraudulent device or other
forms of coercion – Elements:

1.The offender is any person

2.Who directly or indirectly

a.Threatens, intimidates or actually causes, inflicts or produces any
violence, injury, punishment, damage, loss or disadvantage upon a person or
persons or that of the immediate members of his family, his honor or property,
or

b.Uses any fraudulent device or scheme

3.To compel or induce the
registration or refraining from registration of any voter (or the participation in a campaign or refraining or desistance
from any campaign, or the casting of any vote or omission to vote, or any
promise of such registration, campaign, vote, or omission therefrom).

B.Delay or obstruction of registration of another – Elements:

1.The offender is any person

2.Who delays, hinders or obstructs another from registering.

C.Making a false or untruthful statement of data or information
required in application for registration –
Elements:

1.The offender is any person

2.Who knowingly makes any false or untruthful statement

3.Relative to any data or information required in the application for
registration.

D.Blurring or tampering of fingerprints on application for
registration or voter’s affidavit.[not
applicable anymore since we are already using the Automated Fingerprint
Identification System (AFIS)]

E.Double or multiple registration
– Elements:

1.The offender is a registered voter

2.Who registers anew without filing an application for cancellation of
his previous registration.

F.Registration in substitution for another – Elements:

1.The offender is any person

2.Who registers in substitution for another whether with or without
the latter’s knowledge or consent.

G.Tampering of voter’s application for registration – Elements:

1.The offender is any person

2.Who tampers with or changes without authority any data or entry in
any voter’s application for registration.

H.False certification or identification of another as bona fide
resident of a particular place –
Elements:

1.The offender is any person

2.Who falsely certifies or identifies another as a bona fide resident
of a particular place or locality

3.For the purpose of securing the latter’s registration as a voter.

I.Interfering with, impeding,
absconding for purpose of gain or preventing the installation or use of
computers and devices and the processing, storage, generation, and transmission
of registration data or information.

II. Those committed
after registration

J.Unlawful approval or
disapproval of application for registration – Elements:

1.The offender is any member of the board of election inspectors.

2.He either:

a.Approves any application which on its face shows that the applicant
does not possess all the qualifications prescribed by law for a voter; or

b.Disapproves any application which on its face shows that the
applicant possesses all such qualifications.

K.Issuance or causing the issuance of a voter’s identification number
(VIN) in violation of the provisions of RA 8189.

L.Cancellation or causing the cancellation of a VIN in violation of
the provisions of RA 8189.

M.Refusal to issue the registered voter’s identification card.

N.Failure to include the approved application form for registration of
a qualified voter in the book of voters or the omission of the name of a
registered voter in the certified list of voters resulting in his failure to
cast his vote – Elements:

1.The offender (i) fails to include the approved application form for
registration of a qualified voter in the book of voters or (ii) omits the name
of a duly registered voter in the certified list of voters of the precinct
where he is duly registered.

2.The failure or omission results into the voter’s failure to cast his
vote during the election, plebiscite, referendum, initiative and/or recall.

O.Failure to provide certified voters and deactivated voters list to
candidates and heads or representatives of political parties upon request –Elements:

1.The offender fails to provide certified voters and deactivated
voters list to candidates and heads or representatives of political parties;
and

2.There was a written request for the certified voters and deactivated
voters list submitted by the candidates and heads or representatives of
political parties.

P. Failure to post or give any
of the notices or to make any of the reports required under RA 8189.

üNotice of alteration of precincts

üNotice of the application for and approval of transfer of
registration

üNotice on the change of address in the same city or municipality

üNotice and hearing of application for registration

üNotice on disapproval of application

üPublication of action on application for registration

üTransmission of voter’s registration records to the provincial and
national central files

üPosting in the bulletin board and furnishing of copies of the
certified list of persons whose registration were deactivated to the local
heads of political parties, the national central file, provincial file and the
voter concerned

üNotice on reactivation of registration

üPosting in the bulletin board and furnishing of copies of the
certified list of persons who died whose registration were cancelled to the
local heads of political parties, the national central file, provincial file
and the voter concerned

üPosting of the certified list of voters 90 days before a regular
election and 60 days before a special election

üNotice of the place, date and time of the hearing of the petition
for inclusion, exclusion and correction of names of voters

üNotice on annulment of book of voters

üReport of reconstitution of lost or destroyed registration records

Q.Unlawful inclusion or exclusion of application for registration in
the book of voters or in the certified files of registered voters – Elements:

1.The offender is any person

2.Who either:

a.Places, inserts or otherwise includes as approved application for
registration in the book of voters or in the provincial or national central
files of registered voters, the application of any fictitious voter or any
application that has not been approved, or

b.Removes from, or otherwise takes out of the book of voters or in the
provincial or national central files of registered voters any duly approved
voter’s application, except upon unlawful order of the Commission, or of a
competent court or after proper cancellation.

R.Unlawful transfer of registration record of a voter to the book of
voters of another polling place –
Elements:

1.The offender is any person

2.Who transfers or causes the transfer of the registration record of a
voter to the book of voters of another polling place, unless said transfer was
due to a change of address of the voter and the voter was duly notified of his
new polling place.

S.Unreasonable transfer or change of the precinct assignment of a
voter in the permanent list of voters –
Elements:

1.The offender is any person

2.Who changes or transfers to another precinct the precinct assignment
of a voter in the permanent list of voters without the express written consent
of the voter, and

3.It is done unreasonably.

T.Taking or possessing of any blank or unused registration form issued
to a city or municipality outside such city or municipality – Elements:

1.The offender is any person

2.Who takes, carries or possesses any blank or unused registration
form issued to a city or municipality outside of said city or municipality except
as otherwise provided in this Code or when directed by express order of the
court or of the Commission, and

3.The blank or unused registration form was already issued to a city
or municipality.

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